Loss Of Control

Question 1

Where does loc come from

Answer 1

Criminal justice act s.54 s.55
The d must prove loc then it is for the prosecution to disprove (R v Jewell)

Question 2

Stage 1 loc

Answer 2

Loc doesn’t have to be sudden (Ibrams v Greggory)
Revenge not allowed s.54(4)
Longer delay more likely to be considered revenge (R v Baillie)

Question 3

Stage 2 loc

Answer 3

S.55 qualifying trigger
S.55(3) fear trigger, fear serious harm (R v Ward) (R v Lodge)
S.55(4) anger trigger
“Things said or done that not only constituted circumstance of extremely grave character but gave the defendant a justifiable feeling of being wronged”
(R v Zebedee)❌️ (R v Knight)✔️
(R v Hatter) break up of relationship is not enough
(R v Bowyer) not crime at the time
S.55(6) a+b cannot incite the things said or done
C cannot rely on sexual infidelity alone (R v Clinton) but can if there are other factors (R v Dawes)